KN. Keshavanarayana, J.

This appeal is directed against the judgment and decree dated 21-10-2002 passed in O.S. No. 175 of 1998 on the file of the III Additional Civil Judge (Senior Division) arid Chief Judicial Magistrate, Dharwad, whereunder the suit filed by respondent 1 came to be decreed for specific performance of the agreement of sale dated 1-5-1995 said to have been executed by the defendants therein.

2. The appellants are the defendants 1, 2(a), 2(b), 4(a) to 4(d), 5 to 17 and 18(a) to 18(c). Respondent 1 herein is the plaintiff and respondent 2 is defendant 3.

3. The parties herein will be referred to with respect to their ranking in the Court below.

The plaintiff filed the suit seeking specific performance of agreement of sale dated 1-5-1995 said to have been executed by the defendants and for a direction to the defendants to execute regular sale deed in respect of the suit schedule property in favour of the plaintiffs and also to handover actual physical possession of the suit schedule property. In the alternative he sought for return of advance sale consideration of Rs. 55,001/- in the event of Court coming to the conclusion that the decree for specific performance cannot be granted.

4. The averments made in the plaint in brief are as under:

The defendants are the joint owners of the suit schedule property namely agricultural lands bearing R.S. No. 83 measuring 8 acres 34 guntas and R.S. No. 76 measuring 21 acres 36 guntas in all measuring 30 acres 30 guntas situated at Nuggikeri Village, Dharwad Taluk. The defendants became the owners of the suit schedule property by way of grant of occupancy rights as per the orders of the Land Tribunal dated 2-8-1979 and they were registered as occupants in the year 1983. The defendants approached the plaintiff and informed him that they are intending to sell the suit schedule property for meeting their family needs like marriages of their sons and daughters and to clear the debts.

After negotiation, the price was fixed at Rs. 31,000/- per acre. Thereafter on 1-5-1995 written agreement was entered into between the defendants and plaintiff, whereunder the defendants agreed to sell the suit schedule properties at the rate of Rs. 31,000/- per acre and on that day defendants also received a sum of Rs. 5,001 as advance and agreed to receive the balance sale consideration at the time of execution of the sale deed. In the said agreement it was also stated that in view of the statutory prohibition provided under the Karnataka Land Reforms Act, 1961, prohibiting sale of the land for a period of 15 years from the date of registration of occupancy rights, the defendants could not execute the sale deed. Therefore, they agreed to execute the sale deed after the expiry of 15 years from 2-3-1983. Even though all the defendants did not sign the agreement dated 1-5-1995, defendant 1 being the Manager and Kartha of the family undertook to see that all the remaining defendants execute registered sale deed before the Sub-Registrar, Dharwad. Only 11 defendants signed the agreement of sale and those defendants assured the plaintiff that the remaining defendants would also sign the agreement later and in view of the urgency the agreement came to be executed. That subsequently, the defendants approached the plaintiff in May 1996 requesting for additional advance and accordingly plaintiff paid Rs. 50,000/- to the defendants and the defendants executed further agreement during May 1996. Thus, the defendants received total consideration of Rs. 55,001/- from the plaintiff. When the plaintiff came to know that the defendants instead of completing the sale transaction with the plaintiff are attempting to sell the suit schedule property to Hindi Prachar Sabha, Dharwad, the plaintiff was constrained to file a suit in O.S. No. 340 of 1996 on the file -of the Principal Civil Judge (Junior Division), Dharwad for bare injunction against the defendants restraining them from alienating the suit schedule property.